Legal Opinion

State v. Aguirre

New Mexico Court of Appeals

Decided March 14, 1978No. 3340PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The trial court denied defendant’s motion to suppress evidence; we granted an interlocutory appeal. The issue is the voluntariness of defendant’s statement which amounts to a confession of larceny. The statement also implicates defendant in the related burglary charge, but in some respects is exculpatory of burglary. See State v. Rogers, 83 N.M. 676, 496 P.2d 169 (Ct.App.1972). We discuss: (1) the standard for determining voluntariness, and (2) the effect of a promise to not prosecute criminal charges which were separate from the charges in this case.

Standard for…

2Cases cited17 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Frazier v. CuppSupreme Court of the United States · 1969
  4. State v. LordNew Mexico Supreme Court · 1938
  5. State v. TurnbowNew Mexico Supreme Court · 1960

12 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. MunozNew Mexico Supreme Court · 1998
  2. State v. EvansNew Mexico Supreme Court · 2009
  3. Aguilar v. StateNew Mexico Supreme Court · 1988
  4. State v. DeanNew Mexico Court of Appeals · 1986
  5. State v. TindleNew Mexico Court of Appeals · 1986

10 more not listed; retrieve them via the Exa API.

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